Brynn Rodgers appeals the trial court‟s grant of summary judgment in favor of North Kansas City (“the City�) and three employees of North Kansas City Hospital (“NKC Hospital�) on Rodgers‟s petition alleging a dangerous condition of the City‟s property and Rodgers‟s claims of negligence and medical malpractice against the three employees. On appeal, Rodgers contends that the trial c

This civil-rights case was filed after law enforcement officers shot and killed a suspected car thief during a standoff. Immediately prior to the shooting, the suspect had been standing with his right hand concealed in his waistband and appeared to be clutching an object. After being ordered both to show his hands and to freeze, the suspect suddenly pulled his right hand out of his waistband—not

Dorothy Woods and Alex Weir appeal the trial court’s ruling granting summary judgment in favor of the City of Muncie and the Muncie City Police Department (together, the “City�). Woods and Weir raise one issue, which we revise and restate as whether the trial court erred in granting the City’s motion for summary judgment. We affirm. The relevant facts follow. Prior to July 13, 2007, Muncie

In this appeal, we must determine whether the District Court erred in applying the strict scrutiny standard in reviewing the Plaintiffs’ claims under the First and Fourteenth Amendments in issuing a preliminarily injunction against the Honorable Brian Kemp, the Secretary of State of Georgia (the “Secretary of State�), in his official capacity, and the County Executive Committee of the Bartow

¶1 The Defendant/Appellant, Miami Tribe of Oklahoma (Tribe), d/b/a White Loon Construction Company, seeks review of the trial court's judgment and the Court of Civil Appeals opinion in favor of Plaintiff/Appellee, Seneca Telephone Company (Seneca), in Seneca's four consolidated small claims actions asserting tort claims arising from Tribe's repeated damage to Seneca's underground telephone lines

court concluded that 28 U.S.C. § 1346(a)(1) provided a basis for federal jurisdiction and a waiver of sovereign immunity because the reclamation fee is an “internal-revenue tax.� See id. However, the court denied relief on the merits and entered summary judgment in favor of the United States. We do not reach the merits of Wyodak’s appeal. Exercising jurisdiction under 28 U.S.C. § 1291, we

This case comprises two separate appeals. A brief summary of the facts and procedural history is necessary to explain the posture of our review.

¶2 Eighty-four-year-old Evelyn Werner (Werner) was physically attacked in her home and had her safe stolen by three assailants, one of whom was Kenneth Hendree (Hendree). Hendree had previously visited Werner's home several times while employe

The Back Pay Act waives the government’s sovereign immunity from liability for interest on back pay awarded to: [a]n employee of an agency who, on the basis of a timely appeal or an administrative determination . . . is found by appropriate authority under applicable law . . . to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reductio

Plaintiff, Steven Tagliere, filed a complaint against the defendant, Western Springs Park District (hereinafter Park District), seeking damages for injuries his minor daughter, Taiylor, sustained while playing on a seesaw owned by the Park District. The circuit court of Cook County determined that the failure of a Park District employee to discover a defect in the seesaw during his regularly sched

The single issue in this case is whether claims brought by plaintiff, Kristen Kaufmann (Kaufmann), against Jersey Community Hospital (JCH) are time-barred. Kaufmann initially filed suit against Dr. Roger A. Schroeder (Schroeder) and JCH on December 31, 2007, to recover for injuries suffered during a hospitalization in January 2006. The circuit court of Jersey County found that the one-year limitat

Plaintiffs, Christopher Ries and Michael Martinez, were injured when Demario Lowe stole a police vehicle, ran a red light, and crashed into their vehicle. Plaintiffs sued Officer Sergio Oliva of the Chicago police department and the City of Chicago in the circuit court of Cook County. The case ultimately went to the jury against the City only, and the jury entered a verdict for plaintiffs. The app

If so authorized, the purchaser of real property from a bankruptcy estate acquires title to the land “free and clear of any interest� identified in 11 U.S.C. § 363(f). After an affiliate of Liberty Building Corporation (“Liberty�) purchased the Skyline Woods Golf Course in Douglas County, Nebraska, from the estate of a Chapter 11 debtor, residents of the surrounding planned community sued

John Chism Bail Bonds, Inc. (JCBB) appeals part of the district court’s1 Fed. R. Civ. P. 12(b) dismissal of its civil rights lawsuit against certain public officials in Saline County, Arkansas (County). See generally John Chism Bail Bonds, Inc. v. Pennington, 656 F. Supp. 2d 929 (E.D. Ark. 2009). JCBB argues the district court erred in dismissing some of JCBB’s 42 U.S.C. § 1983 claims against

{¶1} Appellant appeals the award of a summary judgment issued by the Lucas County Court of Common Pleas to an insurer in a dispute over liability coverage. For the reasons that follow, we affirm.

{¶2} On November 16, 2000, appellant, Mary Fratilla, was injured while riding in a car driven by her husband, Terry Fratilla. In 2005, appellant brought suit against Terry Fratilla and her insure

Defendant, Michigan Department of Transportation (MDOT), appeals as of right the order denying its motion for summary disposition based on governmental immunity. We reverse because we are required by MCR 7.215(J)(1) to follow the holding in McCahan v Brennan, ___ Mich App ___; ___ NW2d ___. Pursuant to MCR 7.215(J)(2), we declare a conflict with McCahan and state that if we were not obligated to f

The defendants, officers of the Cook County Sheriff’s Office (CCSO) and the Sheriff’s Office itself, appeal from a denial of summary judgment sought on grounds of qualified immunity. We reverse the denial of summary judgment and remand for reconsideration of the qualified immunity defense.

I. Facts and Procedural History

A. Factual Background

The event immediately precipit

This civil racketeering suit has some factual overlap with the federal prosecution of former Illinois Governor Rod Blagojevich, now awaiting retrial on various criminal counts that were tried last summer but resulted in a hung jury. Four riverboat casinos claim they are victims of a pay-to-play scheme engineered by Blagojevich and John Johnston, the owner of two Illinois horse-racing tracks.1 The

Plaintiff-Appellant Dana Ault (Plaintiff) sued Defendant-Appellee Leslie Speicher (Defendant), an Illinois Department of Children and Family Services (DCFS) Child Welfare Specialist, for violating her rights to familial association under the First, Ninth, and Fourteenth Amendments to the United States Constitution.

Plaintiff claims that Defendant interfered with her parental rights during a

Defendant Jason Roe, a member of the Coloma Township (Michigan) Police Department, appeals from an order of the district court denying him qualified immunity at the summary judgment stage, in this civilrights action filed by plaintiff Ronald Schmalfeldt pursuant to 42 U.S.C. §§ 1983 and 1988. Roe, along with three other local police officers, arrested Schmalfeldt at his home on a charge of domes

Appellants appeal the district court’s (1) March 30, 2009 order dismissing Defendants City of Flowood, Wealton Beverly, Dimitri Ellison, Cheryl Lott, and Jerry Cox; (2) January 29, 2010 order dismissing defendant Hinds Community College; (3) April 16, 2010 order granting summary judgment for the remaining Defendants Rankin County School District, Kalvin Robinson, Richard Morrison, and Wendy Tuck

The City of San Antonio appeals an order denying its plea to the jurisdiction asserting governmental immunity in a suit arising from actions taken by city-employed paramedics responding to a 9-1-1 call. The suit was brought by Mario Girela and Alejandrina Garcia, individually, as heirs at law of Patricia Girela Matthews, deceased, and as next friend of Christina Miracle Garcia, (collectively, â€

We are asked once again to intervene in a decades-old landuse dispute between Aubrey Henry and the sundry local government bodies and neighboring residents who played a part in turning back his development plans. Henry chiefly alleges that the defendants took his property by granting him a less intensive conditional use permit than the one to which he claims he was entitled. Because he had no such

{¶1} Defendant-appellee and cross-appellant, Board of County Commissioners of Clermont County, Ohio (County), appeals from the Clermont County Court of Common Pleas decision denying its motion for summary judgment seeking governmental immunity pursuant to R.C. Chapter 2744 in a lawsuit initiated by plaintiff appellant and cross-appellee, Laura M. Enzweiler.1 For the reasons outlined below, we rev

Plaintiff appeals from the court order granting defendant summary disposition. MCR 2.116(C)(8) and (10). We affirm.

On December 12, 2007, plaintiff was injured in a car accident with a student on the University of Michigan’s campus. The student was driving a car owned by the university, while on university business. On May 7, 2008, plaintiff’s counsel sent a letter to the university ind

Plaintiffs appeal as of right the trial court’s order granting defendants’ motion for summary disposition. The trial court found that plaintiffs had effectively “admitted� defendants’ affirmative defenses when failing to specifically deny them in a timely manner, particularly after defendants had demanded a response to the affirmative defenses. We hold that affirmative defenses are not p